Method and apparatus for providing deferrable data services in a cellular communication system

ABSTRACT

A communication system, upon receiving an instruction to transfer deferrable data, determines whether an air interface is congested and, when the air interface is congested, defers a transfer of the deferrable data or transfers the deferrable, lower priority data as higher priority data. When, during a transfer of deferrable data, the system determines that the air interface is congested, the system may terminate the call and save a state of a partially completed deferred data transfer. Subsequent to the termination of the call, the system establishes another data connection over the air interface and transfers any remaining, not yet transferred deferrable data. In order to discourage subscribers from transferring higher priority data as lower priority data, the system may further restrict a transfer of lower priority data to designated time periods while allowing a transfer of higher priority data during the designated time periods and other time periods.

FIELD OF THE INVENTION

[0001] The present invention relates generally to cellular communicationsystems, and, in particular, to a provision of deferrable data servicesin a cellular communication system.

BACKGROUND OF THE INVENTION

[0002] As cellular service providers upgrade their networks to the newgeneration systems, such as 2.5G (2.5 Generation) and 3G systems, thenetworks can provide data services that could not be provided by theolder systems. For example, the 2.5G and 3G systems are able totransport photographs and provide email services, such as email withattachments, which could not be provided by the predecessor systems.However, such data services consume a great deal of bandwidth, which isa limited, and as a result an expensive, resource.

[0003] In order to provide reasonable customer service, cellular serviceproviders must have sufficient bandwidth to meet peak load demands. Withthe additional data services made possible by 2.5G and 3G systems,cellular service providers may not have sufficient bandwidth availableto meet peak load demands or may have to acquire additional bandwidth atgreat, and possibly prohibitive, expense. A result is diminishedcustomer service or excessive corporate debt load. However, amplebandwidth is available if the data services may be shifted to off loadperiods. For example, in a typical wireless communication system,average utilization of radio frequency (RF) bandwidth is low, commonlyin a range of 35 percent (%) to 65 percent (%). However, instantaneousRF bandwidth utilization during peak load time periods may beconsiderably higher and can approach 100 percent (%), while off load RFbandwidth utilization may be considerably lower, at times 10 percent (%)or less.

[0004] Therefore, a need exists for a method and apparatus that shifts aprovision of data services by cellular service providers to off loadperiods.

BRIEF DESCRIPTION OF THE DRAWINGS

[0005]FIG. 1 is a block diagram of a wireless communication system inaccordance with an embodiment of the present invention.

[0006]FIG. 2 is a logic flow diagram of a provision of deferrable dataservices by the wireless communication system of FIG. 1 in accordancewith an embodiment of the present invention.

[0007]FIG. 3 is a logic flow diagram of a provision of an overheadmessage by a Radio Access Network of FIG. 1 to a mobile station of FIG.1 in accordance with an embodiment of the present invention.

[0008]FIG. 4 is a logic flow diagram of a provision of deferrable dataservices by the wireless communication system of FIG. 1 in accordancewith another embodiment of the present invention.

[0009]FIG. 5 is a logic flow diagram of a provision by the communicationsystem of FIG. 1 of restrictions on a transfer of deferrable data inaccordance with an embodiment of the present invention.

[0010]FIG. 6A is a logic flow diagram of a process by which thecommunication system of FIG. 1 processes a deferrable data call inaccordance with another embodiment of the present invention.

[0011]FIG. 6B is a continuation of the logic flow diagram of FIG. 6A ofa process by which the communication system of FIG. 1 processes adeferrable data call in accordance with another embodiment of thepresent invention.

[0012]FIG. 7 is a logic flow diagram of an early termination processexecuted by the communication system of FIG. 1 in accordance withanother embodiment of the present invention.

DETAILED DESCRIPTION OF THE INVENTION

[0013] To address the need for a method and an apparatus that shifts aprovision of data services by cellular service providers to off loadperiods, a communication system is provided wherein, when an instructionto transfer deferrable data is received, the system determines whetheran air interface is congested and, when the air interface is congested,defers a transfer of the deferrable data or transfers the deferrable,lower priority data as higher priority data. When, during a transfer ofdeferrable data, the communication system determines that the airinterface is congested, the communication system may terminate the calland save a state of a partially completed deferred data transfer.Subsequent to the termination of the call, the system establishesanother data connection over the air interface and transfers anyremaining, not yet transferred deferrable data over the established dataconnection. In order to discourage system subscribers from transferringhigher priority data as lower priority data, the communication systemmay further restrict a transfer of lower priority data to designatedtime periods while allowing a transfer of higher priority data duringthe designated time periods and other time periods.

[0014] Generally, an embodiment of the present invention encompasses amethod for transferring deferrable data in a wireless communicationsystem. The method includes receiving an instruction to transferdeferrable data, determining whether an air interface is congested; andwhen the air interface is congested, deferring a transfer of thedeferrable data.

[0015] Another embodiment of the present invention encompasses a methodfor transferring deferrable data in a wireless communication system. Themethod includes receiving an instruction to transfer deferrable data,wherein the deferrable data is data of a first priority, determiningthat an air interface is congested, and, in response to determining thatthe air interface is congested, transferring the deferrable data as dataof a second priority.

[0016] Yet another embodiment of the present invention encompasses amethod for transferring deferrable data in a wireless communicationsystem. The method includes engaging in a call involving a mobilestation and a transfer of deferrable data via a first data connectionover an air interface, determining that the air interface is congested,and, in response to determining that the air interface is congested,terminating the call and saving a state of a partially completeddeferred data transfer in the mobile station. The method furtherincludes, subsequent to terminating the call, establishing a second dataconnection over the air interface and transferring any remaining, notyet transferred deferrable data over the second data connection.

[0017] Still another embodiment of the present invention encompasses amobile station capable of transferring deferrable data in a wirelesscommunication system. The mobile station includes at least one memorydevice capable of storing deferrable data. The mobile station furtherincludes a processor associated with the at least one memory device thatreceives an instruction to transfer deferrable data, determines whetheran air interface is congested, defers a transfer of the deferrable datawhen the air interface is congested, and transfers the deferrable datawhen the air interface is not congested.

[0018] Yet another embodiment of the present invention encompasses amobile station capable of transferring deferrable data in a wirelesscommunication system. The mobile station includes at least one memorydevice that stores deferrable data. The mobile station further includesa processor associated with the at least one memory device that receivesan instruction to transfer deferrable data, wherein the deferrable datais data of a first priority, determines that an air interface iscongested, and, in response to determining that the air interface iscongested, transfers the deferrable data as data of a second priority.

[0019] Still another embodiment of the present invention encompasses amobile station capable of transferring deferrable data in a wirelesscommunication system. The mobile station includes at least one memorydevice capable of storing deferrable data. The mobile station furtherincludes a processor associated with the at least one memory device,wherein the processor is capable of establishing a first data connectionover an air interface, engaging in a call involving a transfer of thedeferrable data via the first data connection, determining that the airinterface is congested, in response to determining that the airinterface is congested, terminating the call, storing a state of apartially completed transfer in the mobile station in the at least onememory device, subsequent to terminating the call, establishing a seconddata connection over the air interface, and transferring any remaining,not yet transferred deferrable data over the second data connection.

[0020] Yet another embodiment of the present invention encompasses anapparatus for transferring deferrable data in a wireless communicationsystem. The apparatus comprises a controller in a radio access networkhaving at least one memory device that stores instructions on assemblingan overhead message having a deferrable data permission data field and aprocessor associated with the at least one memory device that assemblesthe overhead message, embeds data in the deferrable data permission datafield that informs whether transfer of deferrable data is permitted, andconveys the overhead message to a mobile station.

[0021] Yet another embodiment of the present invention encompasses amethod for transferring data in a wireless communication system, whereinthe data comprises a higher priority data and a lower priority data. Themethod includes restricting a transfer of the lower priority data to aplurality of designated time periods and allowing a transfer of thehigher priority data during the plurality of designated time periods andother time periods

[0022] The present invention may be more fully described with referenceto FIGS. 1-7. FIG. 1 is a block diagram of a wireless communicationsystem 100 in accordance with an embodiment of the present invention.Communication system 100 includes at least one mobile station (MS) 102in wireless communication with a Radio Access Network (RAN) 112. RAN 112includes at least one transceiver 114 that is operably coupled to acontroller 116. Communication system 100 further includes a support node126, such as a Serving GPRS Support Node (SGSN) or a Packet Data SupportNode (PDSN), that is operably coupled to RAN 112 and that is furthercoupled to a billing system 150 that includes an Authentication,Authorization, and Accounting (AAA) server (not shown). RAN 112 andsupport node 126 are collectively referred to as a wirelessinfrastructure 110. As is known in the art, RAN 112 may include elementssuch as a Base Transceiver Station (BTS), a Base Station Controller(BSC), and a Packet Control Unit (PCU) or a Packet Control Function(PCF). When a RAN, such as RAN 112, includes such elements, controller116 may be included in any one of such elements or may be distributedamong such elements.

[0023] RAN 112 provides communications services to mobile stations, suchas MS 102, located in a coverage area serviced by the RAN via an airinterface 128. Air interface 128 comprises a forward link 130 and areverse link 135 that each includes multiple communication channels.Preferably, forward link 130 includes a paging channel 131, at least oneforward link signaling channel 132, and at least one forward linktraffic channel 133. Preferably, reverse link 135 includes a reverselink access channel 136, at least one reverse link signaling channel137, and at least one reverse link traffic channel 138.

[0024] Each of MS 102 and controller 116 includes a respective processor106, 118, such as one or more microprocessors, microcontrollers, digitalsignal processors (DSPs), combinations thereof or such other devicesknown to those having ordinary skill in the art. Each of MS 102 andcontroller 116 further includes a respective one or more memory devices108, 120 associated with the respective processor, such as random accessmemory (RAM), dynamic random access memory (DRAM), and/or read onlymemory (ROM) or equivalents thereof, that store data and programs thatmay be executed by the respective processor and allow the processor tooperate in communication system 100.

[0025] Each of memory devices 108, 120, further stores multiple ServiceOption (SO) values, such as an SO value corresponding to ‘normal’ data,for example, SO 0×0021 (that is, ‘33’ in a hexadecimal representation),and an SO value corresponding to ‘deferrable’ data, for example, SO0×801B. In addition to, or instead of, storing SO values, each of memorydevices 108, 120, may store multiple Quality of Service (QoS)parameters. A first set of QoS parameters of the multiple QoS parameterscorresponds to desired quality of service for transfer of data of afirst priority, that is, lower priority data such as ‘deferrable’ data.A second set of QoS parameters of the multiple QoS parameterscorresponds to a desired quality of service for transfer of data of asecond priority, that is, higher priority data such as ‘normal’ data.

[0026] MS 102 further includes a user interface 104 that is coupled toprocessor 106. User interface 104 provides a user of the MS with thecapability of interacting with the MS, including inputting instructionsinto the MS. In one embodiment of the present invention, user interface104 includes a display screen and a keypad. In another embodiment of thepresent invention, the display screen of user interface 104 includes atouch screen capable of determining a position (i.e., an X-coordinateand a Y-coordinate) of a user's touch and conveying the position data toprocessor 106. Based on the position data, processor 106 then translatesthe user's touch into an instruction. In still another embodiment of thepresent invention, user interface 104 may further include a camera or aninterface capable of coupling to a camera that respectively records orreceives photographic data. MS 102 then digitally stores thephotographic data in memory devices 108.

[0027] Preferably, communication system 100 is a Code Division MultipleAccess (CDMA) communication system that operates in accordance with the3GPP2 (Third Generation Partnership Project 2) and TIA/EIA(Telecommunications Industry Association/Electronic IndustriesAssociation) IS-2000 standards, which provide a compatibility standardfor cdma2000, including IS-2000 air interfaces and which standards arehereby incorporated herein in their entirety. The standards specifywireless telecommunications system operating protocols, including radiosystem parameters and call processing procedures. In communicationsystem 100, the communication channels of forward link 130 or reverselink 135, such as access channels, control channels, paging channels,and traffic channels, comprise orthogonal codes, such as Walsh Codes,that are transmitted in a same frequency bandwidth. However, those whoare of ordinary skill in the art realize that communication system 100may operate in accordance with any wireless telecommunication system,such as but not limited to a Global System for Mobile Communications(GSM) communication system, a Time Division Multiple Access (TDMA)communication system, a Frequency Division Multiple Access (FDMA)communication system, or an Orthogonal Frequency Division MultipleAccess (OFDM) communication system.

[0028] In order to maximize radio frequency (RF) bandwidth utilization,communication system 100 provides for a delaying a transfer of‘deferrable’ data during high load or peak load periods, when bandwidthutilization is high, to off load periods when bandwidth utilization islow. Communication system 100 may further maximize capacity by havingusers that are in high RF cost environments defer their data transfers.Examples of high RF cost environments include users who require morepower on the forward link and/or more soft handoff legs (more Walshcode, traffic channel modem and backhaul usage). By delaying thetransmission of deferrable data, peak loads may be reduced and off peakbandwidth utilization may be improved.

[0029]FIG. 2 is a logic flow diagram 200 illustrating a provision ofdeferrable data services by communication system 100 in accordance withan embodiment of the present invention. Logic flow diagram 200 begins(202) when MS 102 receives (204) an instruction to transfer deferrabledata to or from infrastructure 110. For example, a user of MS 102 maycompose an electronic mail (email) message and attach a lengthy documentto the message, then instruct the MS to transfer the message anddocument by depressing a key on a keyboard of user interface 104 or byselecting an icon or text message in a display screen of the userinterface. By way of another example, MS 102 may take a photograph,store the photograph in memory devices 108, and then receive aninstruction to transfer the photograph, again by the user selecting anappropriate key, icon, or text message in user interface 104. By way ofyet another example, MS 102 may receive a notification frominfrastructure 110 that a download is pending or may receive aninstruction from a user of the MS to download a file from theinfrastructure. Infrastructure 110 may notify the MS of the pendingdownload via a short message service (SMS) message or via a pagingmessage conveyed to the MS via paging channel 131. By way of yet anotherexample, MS 102 may have subscribed to certain news or other informationservice being delivered to its phone each day—prior to the users commutetime.

[0030] Typically, communication systems such as communication system 100initiate transfers of ‘normal’ data immediately upon receipt of arequest for a transfer of the data. In contrast, the ‘deferrable’ datareferred to herein, such as ‘Background Class’ data as defined in the3GPP2 standards, can tolerate significant delays, for example delays aslong as one (1) hour, before initiating a transfer of the data. Thisdelay is different than simply identifying more delay tolerant trafficand then giving the identified traffic lower data rates. This delayconcerns a delay of the actual initiation of a connection, that is, aradio frequency (RF) link. By delaying the initiation of a connection,communication system 100 is able to increase system capacity since, in atypical CDMA communication system, for every second that a connection(RF link) is held up approximately 3 kilobits per second (Kbps) of otherusers' bearer data is displaced.

[0031] In response to receiving the instruction, MS 102 determines (206)whether air interface 128 is congested, in which event transfers ofdeferrable data, that is, low priority data, are blocked, that is, notpermitted. In one embodiment of the present invention, MS 102 determineswhether air interface 128 is too congested by monitoring a forward link130, preferably signaling channel 132, to determine whether the MS maytransmit the deferrable data. In such an embodiment, RAN 112, preferablycontroller 116 via transceiver 114, transmits an overhead message 140over signaling channel 132 that informs whether deferrable data may betransmitted by the MSs, such as MS 102, serviced by the RAN. Unlessotherwise specified herein, the functions performed herein by MS 102 areperformed by processor 106 of MS 102 and the functions performed hereinby controller 116 are performed by processor 118 of controller 116.

[0032]FIG. 3 is a logic flow diagram 300 of a provision of overheadmessage 140 by RAN 112 to MS 102 in accordance with an embodiment of thepresent invention. Logic flow diagram 300 begins (302) when RAN 112,preferably controller 116, determines (304) that air interface 128 iscongested. For example, RAN 112 may determine that air interface 128 iscongested based on a number of traffic channels currently assigned toMSs in the coverage area serviced by the RAN. By way of another example,RAN 112 may determine that air interface 128 is congested and/or in ahigher RF cost location (power consuming) based on a signal qualitymetric, such as a signal-to-noise ratio (SNR), a carrier-to-interferenceratio (C/I), a received signal strength, or a bit error ratio (BER),determined for signals received from each MS currently engaged in acommunication session with the RAN. In yet another example, the signalquality metrics may be determined by each MS serviced by RAN 112 andthen transmitted by the MS to the RAN. RAN 112, preferably controller116, compares each determined signal quality metric to a correspondingsignal quality metric threshold that is stored in one or more memorydevices 120. When a designated number of determined signal qualitymetrics compare unfavorably with their corresponding signal qualitymetric thresholds, RAN 112, preferably processor 118, may determine thatair interface 128 is congested. A quantity of assigned channels orunfavorable comparisons that constitutes congestion depends on systemdesign, such as a size of a coverage area, a number of traffic channelsavailable in a coverage area, and a location of the MSs in the coveragearea, and may be determined based on a threshold set by a systemdesigner and is not specified herein as it is not critical to thepresent invention.

[0033] Upon determining that air interface 128 is congested, RAN 112,preferably controller 116, assembles (306) overhead message 140.Overhead message 140 includes a deferrable data permission data field142 that informs whether transmission of deferrable data is permitted.For example, in one embodiment of the present invention, overheadmessage 140 may comprise a modified access parameters message or amodified extended access parameters message. Access parameters messagesare well-known in the art and are described in detail in the TIA/EIAIS-2000.5-A standard, sections 3.7.2.3.2.2 and 3.7.2.3.2.33. Incommunication system 100, an access parameters message or an extendedaccess parameters message is modified to include a deferrable datapermission data field 142, such as an ACCT (Access Control Based on CallType) data field that is associated with deferrable data.

[0034] RAN 112, preferably controller 116, then embeds (308) a value indeferrable data permission data field 142 that informs whethertransmission of deferrable data is permitted. Preferably, communicationsystem 100 assigns a unique Service Option (SO) value to deferrable dataservice, such as an SO value of 0×801B, so that a bit embedded indeferrable data permission data field 142, such as an ACCT data fieldcorresponding to SO 0×801B, informs MS 102 whether the MS is permittedto transmit deferrable data, that is, SO 0×801B data, to RAN 112. Forexample, an embedded value of ‘0’ may inform that transmission ofdeferrable data is permitted and an embedded value of ‘1’ may informthat transmission of deferrable data is not permitted, that is, isblocked. However, those who are of ordinary skill in the art realizethat any unassigned Service Option value may be used herein inassociation with deferrable data without departing from the spirit andscope of the present invention.

[0035] RAN 112, preferably controller 116, then conveys (310) overheadmessage 140, via transceiver 114 and air interface 128, to MS 102 andlogic flow 300 ends (312). By use of deferrable data permission datafield 142, RAN 112 is able to block a transfer of deferrable data by MSsserviced by the RAN. By reference to deferrable data permission datafield 142 of overhead message 140, MS 102 is then able to determinewhether air interface 128 is congested with the result that transfers ofdeferrable data are not permitted, that is, are blocked.

[0036] Referring again to FIG. 2, in another embodiment of the presentinvention, instead of utilizing an overhead message, step 206 maycomprise self-determining, by MS 102, whether air interface 128 iscongested and transfers of deferrable data are blocked. Inself-determining a congestion level of air interface 128, MS 102determines a signal quality metric corresponding to the air interface.For example, MS 102 may determine a signal quality metric by determiningany one or more of a signal-to-noise ratio (SNR), acarrier-to-interference ratio (C/I), a received signal strength, or abit error ratio (BER) for signals received by the MS from RAN 112 viaforward link 130, such as pilot signals or control signals. Many signalquality metrics are known in the art and those who are of ordinary skillin the art realize that any such signal quality metric may be usedherein without departing from the spirit and scope of the presentinvention.

[0037] MS 102 then compares the determined SNR, C/I, received signalstrength, or BER to a corresponding signal quality threshold, such as acorresponding SNR, C/I, received signal strength, or BER threshold,stored in memory devices 108 of the MS. When the determined signalquality metric compares unfavorably with the corresponding threshold,then the MS may assume that air interface 128 is congested and transfersof deferrable data are blocked. When the determined signal qualitymetric compares favorably with the corresponding threshold, then the MSmay assume that air interface 128 is not congested and that the MS maytransmit deferrable data over the air interface.

[0038] When MS 102 determines (206) that air interface 128 is notcongested, for example that deferrable data is not blocked or adetermined signal quality metric compares favorably with a correspondingthreshold, MS 102 generates (208) and conveys (210) to infrastructure110 a request to initiate a data call. Preferably, the request comprisesa call origination message, preferably a Layer 3 call originationmessage that includes a Service Option (SO) data field in which MS 102embeds an SO value associated with the data call. In one embodiment ofthe present, MS 102 embeds a SO value corresponding to a traditionaldata call, that is, ‘0×0021,’ in the SO data field. In anotherembodiment of the present, MS 102 embeds a SO value corresponding to adeferrable data call, such as a value of 0×801B, in the SO data field.MS 102 then conveys the call origination message to infrastructure 104via reverse link access channel, that is, access channel 136. Callorigination messages are used by an MS to establish a connection with aninfrastructure, are well-known in the art, and are described in detailin the TIA/EIA IS-2000.5-A standard, section 2.7.1.3.2.4 and2.7.1.3.2.5.

[0039] Upon receiving (212) the request to initiate a data call,infrastructure 110, preferably controller 116 of RAN 112, negotiates(214) a set up of a data call and establishes a data connection with MS102, including an RF link over a forward link traffic channel 133 ifdata is being transferred from infrastructure 110 to MS 102 or over areverse link traffic channel 138 if data is being transferred from MS102 to infrastructure 110, in accordance with well-known call set upprocedures. The deferrable data is then transferred (216) by MS 102 toinfrastructure 110 or by infrastructure 110 to MS 102 over theestablished data connection and the logic flow ends (224).

[0040] In another embodiment of the present invention, in order tominimize a loading of air interface 128, MS 102 and RAN 112 may furtherterminate (218), that is, tear down, the established RF link nearlyimmediately after conveying the deferrable data. In such an embodiment,MS 102 and/or RAN 112 may include a respective inactivity timer 109, 122that is respectively coupled to processor 106 and controller 116. Uponconveyance of the deferrable data by MS 102 or RAN 112, the conveyor102, 112 of the data starts respective inactivity timer 109, 122. Uponexpiration of a short, predetermined inactivity time period aftercompletion of the transfer of the deferrable data, that is, a timeperiod during which the conveyor of data does not receive or convey anyfurther data, as determined by the conveyor's processor 106, 118 withreference to the respective inactivity timer 109, 122, the conveyorinitiates a termination, that is, a tear down, of the established RFlink.

[0041] When MS 102 determines (206) that air interface 128 is congested,for example, that deferrable data is blocked or a determined signalquality metric compares unfavorably with a corresponding threshold, theMS delays, that is, defers, (220) transfer of the data and continues tomonitor (222) air interface 128. Upon continued monitoring, when MS 102determines (206) that air interface 128 is no longer congested, andcorrespondingly that transfers of deferrable data are permitted, the MSgenerates (208) and conveys (210) to infrastructure 100 a request toinitiate a data call. Upon receiving (212) the request, infrastructure110, preferably RAN 112, negotiates (214) a set up of a data call andestablishes a data connection with MS 102 in accordance with well-knowncall set up procedures. The deferrable data is then transferred (216) byMS 102 to infrastructure 110 or by infrastructure 110 to MS 102 over theestablished data connection and the logic flow ends (224).

[0042] In one embodiment of the present invention, wherein MS 102monitors signaling channel 132 for overhead message 140, when the MSdetermines (206) that air interface 128 is congested then the MScontinues to monitor the signaling channel 132 for subsequent overheadmessages 140 intended for the MS. Based on each subsequent overheadmessage, MS 102 determines whether deferrable data continues to beblocked. In order to conserve battery power, the MS may suspendreceiving messages and/or monitoring of air interface 128 (for example,go to sleep) after receiving and interpreting an overhead message 140blocking deferrable data, and later resume receiving messages and/ormonitoring of air interface 128 (for example, wake up) in order toreceive and interpret a subsequent overhead message 140. However, thepresent invention does not require that the MS suspend receiving and/ormonitoring between messages, or that the MS receive each message untildeferrable data becomes unblocked.

[0043] In another embodiment of the present invention, wherein MS 102determines that air interface 128 is congested based on signal qualitymetrics, when the MS determines (206) that air interface 128 iscongested then the MS continues to determine signal quality metrics withrespect to signals received by the MS from RAN 112. MS 102 then compareseach determined signal quality metric to the corresponding signalquality threshold. So long as the determined signal quality metriccompares unfavorably with the corresponding threshold, MS 102 maycontinue to assume that air interface 128 is congested and thattransfers of deferrable data are blocked. Similar to the determinationof congestion based on overhead message 140, in order to conservebattery power, the MS may suspend receiving messages and/or monitoringof air interface 128 after receiving each such signal and determining,based on the received signal, that air interface 128 continues to becongested. MS 102 may subsequently resume receiving messages and/ormonitoring of air interface 128 in order to receive and interpret asucceeding signal.

[0044] By deferring a transfer of ‘deferrable’ data when air interface128 is congested, MS 102 defers a transfer of ‘deferrable’ data fromhigh load or peak load periods, when bandwidth utilization is high orwhen RF costs are high, to off load periods when bandwidth utilizationis low. By deferring a transfer of ‘deferrable’ data during high load orpeak load periods, peak loads may be reduced and off peak bandwidthutilization may be improved. In one embodiment of the present invention,MS 102 determines whether to defer a transfer of ‘deferrable’ data basedon an overhead message 140 received by the MS from infrastructure 110,which overhead message informs whether a transfer of deferrable data isblocked. In another embodiment of the present invention, MS 102determines whether to defer a transfer of ‘deferrable’ data based on aself-determination of air interface 128 congestion, preferably bydetermining a signal quality metric for a received signal and comparingthe determined metric to a corresponding signal quality metricthreshold. In this case where the MS detects a poor RF environment, theRF costs of initiating the transfer are much larger than they would beif the MS were in a better RF location. For example, if MS 102 is closeto an infrastructure tower for a given transceiver 114, the RF costs orpower required are smaller. Additionally, when the MS is at a givendistance from a nearest infrastructure tower associated with atransceiver 114 and the bandwidth utilization increases, then the powerand RF costs of immediately initiating the data transfer increase. Upondetermining to defer a transfer of ‘deferrable’ data, MS 102 continuesto monitor air interface 128 so that the MS may transfer the‘deferrable’ data when the congestion is alleviated. In order toconserve battery power, MS 102 may intermittently, instead ofcontinuously, monitor air interface 128 or receive messages.

[0045] In yet another embodiment of the present invention, instead ofdeferring a transfer of the data, when MS 102 determines that airinterface 128 is congested and that transfers of deferrable data areblocked, the MS may decide to transfer the data as higher priority datainstead of deferring the data call. For example, MS 102 may decide totransfer the deferrable data as SO 0×0021 data when the data mightotherwise be transferred as SO 0x801B data. Referring now to FIG. 4, alogic flow diagram 400 is provided that illustrates a provision ofdeferrable data services by communication system 100 in accordance withanother embodiment of the present invention. Similar to logic flowdiagram 200, logic flow diagram 400 begins (402) when MS 102 receives(404) an instruction to transfer deferrable data to or frominfrastructure 110. In response to receiving the instruction, MS 102determines (406) whether air interface 128 is congested.

[0046] When MS 102 determines (406) that air interface 128 is notcongested, for example that a transfer of deferrable data is not blockedor that a determined signal quality metric compares favorably with acorresponding threshold, MS 102 generates (408) and conveys (410) toinfrastructure 110 a request to initiate a deferrable data call.Preferably, the request comprises a call origination message, preferablya Layer 3 call origination message that includes a Service Option (SO)data field in which MS 102 embeds an SO value, such as SO 0×801B, thatinforms that a deferrable data call is requested. Upon receiving (412)the request to initiate a deferrable data call, controller 116negotiates (414) a set up of a deferrable data call with MS 102 andestablishes a deferrable data connection with MS 102, including an RFlink over a forward link traffic channel 133 if data is being conveyedfrom infrastructure 110 to MS 102 or over a reverse link traffic channel138 if data is being conveyed from MS 102 to infrastructure 110. Thecall is billed to a customer associated with MS 102 at a billing rateassociated with a deferrable data call. The deferrable data is thentransferred (416) by MS 102 to infrastructure 110 or by infrastructure110 to MS 102 over the established deferrable data connection and thelogic flow ends (436).

[0047] Similar to logic flow diagram 200, in another embodiment of thepresent invention, in order to minimize a loading of air interface 128,MS 102 and RAN 112 may further terminate (418) the established RF linknearly immediately after conveying the deferrable data. In such anembodiment, upon completion of the transfer of the deferrable data by MS102 or RAN 112, the conveyor 102, 112 of the data starts respectiveinactivity timer 109, 122. Upon expiration of a short, predeterminedinactivity time period after completion of the transfer of thedeferrable data, that is, expiration of a predetermined time periodwithout receiving or conveying any data, determined by the conveyor'sprocessor 106, 118 with reference to the respective inactivity timer109, 122, the conveyor initiates a termination, that is, a tear down, ofthe established RF link.

[0048] Unlike logic flow diagram 200, in logic flow diagram 400, when MS102 determines (406) that air interface 128 is congested, for examplethat a transfer of deferrable data is blocked or that a determinedsignal quality metric compares unfavorably with a correspondingthreshold, instead of deferring a transfer of the data, the MS maydecide (420) to transfer at least a portion of the deferrable data ashigher priority data, for example, as SO 0×0021 data, whose transfer ispermitted. In order to encourage a user of MS 102 to not transfer alldeferrable data as higher priority data and to instead defer a transferof deferrable data from a period of congestion to an off load period,communication system 100 may provide economic incentives for an MS totransfer deferrable data as lower priority data. For example,communication system 100 may include a billing system wherein a higherbilling rate is associated with transfers of higher priority data.

[0049] Communication system 100 may also implement restrictions thatdiscourage a user of an MS from transferring higher priority data aslower priority, deferrable data during off load periods. For example,FIG. 5 is a logic flow diagram 500 illustrating a provision, bycommunication system 100, of restrictions on a transfer of deferrabledata in accordance with an embodiment of the present invention. Asdepicted by logic flow diagram 500, communication system 100, preferablycontroller 116 infrastructure 110 although MS 102 may self-impose datatransfer restrictions based on information stored in the MS's memorydevices 108, restricts (504) a transfer of lower priority data, such asdeferrable data, to a designated time period of multiple designated timeperiods. Meanwhile, communication system 100, preferably controller 116infrastructure 110, allows (504) a transfer of higher priority dataduring the multiple designated time periods and, in addition, other timeperiods. For example, communication system 100 may not impose any timerestrictions on a transfer of higher priority data. By way of anotherexample, communication system 100 may restrict MS 102 to transferringdeferrable data only at designated times during an hour, which times areknown to both the MS and infrastructure 110 and are maintained (502) intheir respective memory devices 108, 120. Infrastructure 110, preferablyprocessor 118 of controller 116, can then reject requests to transferdeferrable data at times other than the designated times.

[0050] When an MS, such as MS 102, determines to transfer lower prioritydata at a time other than a designated time period, the MS may have towait at least until a next designated time before the data may betransferred, that is, the MS 102 may have to defer (508) transferringthe lower priority data until a next designated time period. A benefitof restricting a transfer of deferrable data to designated time periodsduring a day is that off peak traffic that wants to be transferredimmediately will still have to pay the higher cost for the service andthat only genuinely deferrable data will get a lower billing rateassociated with a transfer of such data.

[0051] In implementing such time restrictions, communication system 100may provide that billing system 150 can only give a lower rate totransfers that are initiated at times that are designated in associationwith the particular MS. That is, an MS may be assigned designated timesduring which the MS may transfer lower priority, deferrable data. Thedesignated times are stored in association with an identifier of the MS,such as an IMSI, in a profile of the MS, which profile is stored in anMS database 124 that is included in or operably coupled to controller116 of RAN 112. By implementing a billing scheme whereby a user of an MSis billed for data transfers at a lower, deferrable data rate only whenthe transfers occur during designated times of the day, communicationsystem 100 can bill at the lower rate—for deferrable calls only—withoutimplementing an SO 0×801B data Service Option.

[0052] When an MS decides (420) to transfer deferrable data, such as SO0×801B data, as higher priority data, such as SO 0×0021 data, then MS102 generates (422) and conveys (424) to infrastructure 100 a request toinitiate a higher priority data call, for example, an SO 0×0021 datacall. Preferably, the request comprises a call origination message,preferably a Layer 3 call origination message that includes a ServiceOption (SO) data field in which MS 102 embeds an SO value, for example,SO 0×0021, that informs that a higher priority data call is requested.Upon receiving (426) the request to initiate a higher priority datacall, RAN 112 negotiates (428) a set up of a higher priority data callwith MS 102 in accordance with well known call set up procedures andestablishes a higher priority data connection, including an RF link overa forward link traffic channel 133 if data is being conveyed frominfrastructure 110 to MS 102 or over a reverse link traffic channel 138if data is being conveyed from MS 102 to infrastructure 110. At least aportion of the deferrable data is then transferred (430) by MS 102 toinfrastructure 110 or by infrastructure 110 to MS 102 over the higherpriority data connection and communication system 100 charges (434) acustomer associated with the MS a higher billing rate that is associatedwith higher priority data for a transfer of the at least a portion ofthe deferrable data. Logic flow 400 then ends (436). Again, in anotherembodiment of the present invention, in order to minimize a loading ofair interface 128, MS 102 and RAN 112 may further terminate (432) theestablished RF link upon expiration of a short, predetermined inactivityperiod after completion of the transfer of the deferrable data.

[0053] For example, suppose MS 102 determines (406) that air interface128 is congested and a transfer of deferrable data is not permitted.Further, suppose that, as a result, MS 102 determines to transmit thedata as higher priority data whose transmission is permitted. When MS102 sets up a data connection with infrastructure 110 for a transfer ofthe data, the MS informs the infrastructure that this is a higherpriority data connection as opposed to a deferrable data connection. Forexample, when MS 102 sets up a deferrable data connection duringnon-congested time periods, the MS may embed an SO value of 0×801B in acall origination message and when MS 102 determines to initiate thedeferrable data call as higher priority data during a congested timeperiod, the MS may embed an SO value of 0×0021 in the call originationmessage. Based on the SO value embedded in the call origination message,infrastructure 110 then informs billing system 150 of the priority ofthe data or of a corresponding billing rate. Billing system 150 can thenappropriately charge a customer associated with the MS for the priorityof the data service provided to the customer.

[0054] In order to encourage users of MSs to transfer deferrable dataduring off load periods, communication system 100 may provide pricingdifferentiation for deferrable data calls versus higher priority datacalls on one or more of a variety of bases. For example, a customerassociated with MS 102 may be billed at a higher, ‘normal’ data, billingrate on an ad hoc basis, whenever a user of the MS decides to transferdeferrable data as higher priority data. In one such embodiment, adetermination of an appropriate billing rate may be based on the type ofdata connection established, that is, whether the connection is a‘deferrable’ data connection, for example, an SO 0×801B connection, or a‘normal’ data connection, for example, an SO 0×0021 connection. Inanother such embodiment, the determination of an appropriate billingrate may be based on a quality of service (QoS) requested for the databeing transferred. When the data being conveyed is deferrable data, MS102 may request a lower QoS, which lower QoS corresponds to a lowerbilling rate than a billing rate associated with a higher QoS. Asdescribed in greater detail below, MS 102 may request the lower QoS, inaddition to or instead of using an SO value to identify the connectionas a deferrable data connection, when setting up the data connection.Alternatively, MS 102 may convey QoS messages to RAN 112 during thedeferrable data call over a reverse link traffic channel 138 assigned tothe MS. When infrastructure 110 receives the QoS messages, theinfrastructure provides the corresponding billing information to billingsystem 150. As also described in greater detail below, RAN 112 mayrequest the lower QoS, in addition to or instead of using an SO value,to identify the connection as a deferrable data connection when settingup the data connection. Alternatively, RAN 112 may convey QoS messagesto MS 102 during the deferrable data call over forward link 130.

[0055] By way of another example, communication system 100 may providepricing differentiation by providing multiple deferrable datasubscription packages. Each package of the multiple subscriptionpackages is associated with a different price and allows an MS, such asMS 102, to transfer a different quantity of deferrable data when system100 is congested. For example, a first, most expensive package may allowthe MS to transfer all deferrable data at any level of systemcongestion. A second, less expensive package may allow the MS totransfer only seventy-five percent (75%) of the MS's deferrable datawhen system 100 is congested. And a third, even less expensive packagemay allow the MS to transfer only twenty-five percent (25%) of the MS'sdeferrable data when system 100 is congested. Information concerning theuser's subscription package may be provisioned to the MS and stored inthe MS's memory devices 108, and the processor 106 of the MS may thendetermine, by reference to memory devices 108, how much deferrable datamay be transferred when the MS determines that air interface 128 iscongested.

[0056] By providing economic incentives for system users, such as a userof MS 102, to defer a transfer of ‘deferrable’ data when air interface128 is congested, communication system 100 may leave a determination ofwhether to transfer the lower priority data when air interface 128 iscongested up to each user. The user may decide to defer transferring thedata, or may decide to transfer the data as higher priority, andcorrespondingly higher priced, data. Preferably, MS 102 indicateswhether a data call is a lower priority data call or a higher prioritydata call when the MS sets up the call, which priorities may beindicated by a conveyed SO value or by a QoS parameter that is describedin greater detail below. If the incentives are properly determined,system 100 can still reduce congestion during high load or peak loadperiods, improve bandwidth utilization, and increase systemprofitability.

[0057] Communication system 100 may further provide for deferrable datacall prioritization in order to avoid overloading system 100 withdeferrable data once system congestion is alleviated. In one embodimentof deferrable data call prioritization, each package of the multipledeferrable data subscription packages may also provide for aprioritizing of the deferrable data, that is, may provide an amount oftime that an MS must defer transferring deferrable data once systemcongestion is alleviated. For example, the higher the price of thepackage, the higher the package's deferrable data prioritization, thatis, the shorter the deferral period. In another embodiment of deferrabledata prioritization, each MS that has had to defer transferringdeferrable data during a period of system congestion may, uponalleviation of the system congestion, defer transferring the deferrabledata for a period of time that is inversely proportional to a quantityof time that the MS has been waiting to transfer the data. That is, thelonger that the MS has had to delay transferring the deferrable data,the shorter the deferral period before the MS may transfer thedeferrable data after system congestion is alleviated. An algorithmconcerning the deferral period may be stored in the MS's memory devices108 and referenced by the MS's processor 106 in determining a deferralperiod.

[0058] In yet another embodiment of the present invention, communicationsystem 100 may use quality of service (QoS) measurements, instead of a‘deferrable data’ data field, to set up and process a deferrable datacall. FIGS. 6A and 6B depict a logic flow diagram 600 of a process bywhich communication system 100 processes a deferrable data call inaccordance with another embodiment of the present invention. Logic flowdiagram 600 begins (602) when MS 102 receives (604) an instruction totransfer deferrable data to or from infrastructure 110. In response toreceiving the instruction, MS 102 conveys (606) to RAN 112 a request toset up a data call and QoS parameters. The QoS parameters may beincluded in the request or may be conveyed separate from the request.

[0059] When MS 102 is setting up a deferrable data call, the MS conveys,to RAN 112, a first set of QoS parameters that correspond to a lowpriority data service, such as a non-assured mode call. The QoSparameters may be included in a request to set up the call, such as acall origination message, or may be included in a subsequent messageexchanged between the MS and RAN 112 as part of a negotiation ofservices, such as a service negotiation message. Preferably, the QoSparameters are included in a QoS Block of Bytes (BLOB) in the request orsubsequent message. QoS BLOB is well-known in the art and is describedin greater detail in the IS-2000 & IS-707 standards. Based upon the QoSparameters, RAN 112, preferably controller 116, determines (608) thatthe request concerns a low priority data service, such as a deferrabledata call, as opposed to an urgent data transfer. RAN 112 furtherdetermines (610) whether air interface 128 is congested.

[0060] When air interface 128 is not congested, RAN 112 then sets up(612) a data call and establishes a data connection with MS 102,including an RF link over a forward link traffic channel 133 if data isbeing conveyed from infrastructure 110 to MS 102 or over a reverse linktraffic channel 138 if data is being conveyed from MS 102 toinfrastructure 110 in accordance with well-known call set up procedures.The deferrable data is then transferred (614) by MS 102 to RAN 112 or byRAN 112 to MS 102 over the established data connection. RAN 112 furtherinforms (616) billing system 150, via support node 126, of the priorityof service being provided to MS 102. For example, RAN 112 may simplyforward at least a portion of the QoS BLOB to billing system 150, basedupon which the billing system may determine that the service provided isa low priority service. Billing system 150 can then charge (618) thecustomer associated with MS 102 at a lower billing rate associated withthe low priority data service. Logic flow 600 then ends (646). Inaddition, when MS 102 or RAN 112 determines, by reference to arespective inactivity timer 109, 122, that a short, predeterminedinactivity time period expires without receiving or conveying any data,the MS or the RAN may further terminate (620) the established RF linknearly immediately, that is, after expiration of a short inactivity timeperiod after completion of the transfer of the deferrable data.

[0061] When air interface 128 is congested, RAN 112 rejects (621) therequest of MS 102 to set up the data call based on the QoS parameters.Upon being informed that the request is rejected, MS 102 may defer orterminate attempts to effectuate a transfer of the data or may attemptto transfer the data as higher priority data. In one embodiment of thepresent invention, upon being informed that the request is rejected, theMS informs (622) a user of the MS, via a message in a display screen ofuser interface 104, that the request has been rejected, and the logicflow ends (646). In another embodiment of the present invention, uponrejection of the request, MS 102 defers (626) attempting to transfer thedeferrable data for a period of time that may be predetermined orrandomly determined and then returns to step 506, wherein the MS againconveys, to RAN 112, a request to initiate the low priority data call.After conveying (624) a predetermined number of unsuccessful requests,MS 102 may assume that a low priority data connection cannot beestablished and may terminate (628) attempts to establish a connection.MS 102 may then inform (630) a user of the MS, via a message in adisplay screen of user interface 104, that the request has beenrejected.

[0062] In yet another embodiment of the present invention, afterconveying (624) a predetermined number of unsuccessful requests, insteadof terminating attempts to transfer the data, MS 102 may decide totransfer the deferrable data as higher priority, higher priced data. MS102 generates and conveys (632) to RAN 112 a request to set up a datacall and further conveys (634) to the RAN a second set of QoS parametersthat correspond to a higher priority data service, such as an assuredmode call. Based on the second set of QoS parameters, RAN 112 and MS 102then negotiate (636) a set up of a higher priority data call, that is, ahigher QoS data call, and establish a higher priority, that is, a higherQoS, data connection, including a reverse link or forward link RF link133, 138. MS 102 then transfers (638) the deferrable data over thehigher priority data connection.

[0063] RAN 112 also informs (640) billing system 150, via support node126, of the higher priority, that is, higher QoS, service being providedto MS 102. Billing system 150 may then charge (642) a customerassociated with MS 102 at a billing rate associated with the higherpriority service, which billing rate is higher than a billing rateassociated with the lower priority service. In addition, when MS 102 orRAN 112 determines, by reference to a respective inactivity timer 109,122, that a short, predetermined inactivity time period expires aftercompletion of the transfer of the deferrable data, that is, expireswithout receiving or conveying any data, the MS or the RAN may furtherinitiate a termination (644) of the established RF link nearlyimmediately after transferring the deferrable data. Logic flow 600 thenends (646)

[0064] By using QoS parameters to establish a priority of a data calland a corresponding billing rate, communication system 100 allows RAN112 to determine whether to block a particular call during periods ofair interface 128 congestion and allows MS 102 to transfer deferrabledata that has been blocked as higher priority data without a need for a‘deferrable’ data SO value. The QoS parameters can also be used bycommunication system 100 to determine an appropriate billing rate forthe data transferred by MS 102, again without the need for a‘deferrable’ data SO value.

[0065] In still another embodiment of the present invention,communication system 100 may provide for an early termination of adeferrable data call upon a determination, subsequent to an initiationof the call, that air interface 128 is congested. FIG. 7 is a logic flowdiagram 700 of a communication system 100 early termination process inaccordance with another embodiment of the present invention. Logic flowdiagram 700 begins (702) when MS 102 engages (704) in a transfer ofdeferrable data to or from RAN 112 via a first data connection over airinterface 128. The deferrable data is data of a first priority, whichfirst priority is associated with the first data connection and isindicated by MS 102 to the RAN 112 when the data connection isestablished. In one embodiment of the present invention, MS 102 informsRAN 112 of the priority associated with the first data connection via arequest to initiate a data call, such as a call origination message inwhich the MS embeds an SO value associated with a ‘deferrable’ datacall, or during service negotiations to set up the call. In anotherembodiment of the present invention, MS 102 informs RAN 112 of thepriority associated with the data connection by conveying, to the RAN,messages that include a first set of QoS parameters. The first set ofQoS parameters correspond to a first priority, that is, a lowerpriority, data call such as a ‘deferrable data’ call, as opposed to ahigher priority data call, such as a ‘normal’ data call.

[0066] During the course of the data call, either RAN 112, preferablycontroller 116, or MS 102 determines (706) that air interface 128 hasbecome congested. Upon determining that air interface 128 is congested,the deferrable data call is terminated (708). In one embodiment of thepresent invention, when RAN 112 determines air interface 128 iscongested, the RAN, preferably controller 116, conveys a message, forexample a traffic channel message such as an SMS/SDB (Short Data Burst)message that is conveyed over a forward link traffic channel 133 or acontrol message conveyed to the MS over a forward link signaling channel132, to MS 102 informing the MS that air interface 128 is congested.Upon receipt of the message, MS 102 terminates the data call byinitiating a termination of the first data connection. In anotherembodiment of the present invention, MS 102 may self-determine that airinterface 128 is congested and terminate the data call by initiating atermination of the first data connection. In addition, MS 102 saves(710) the state of the deferrable data transfer in the MS's memorydevices 108.

[0067] In one embodiment of the present invention, after terminating thefirst data connection, MS 102 may defer transferring any remaining, notyet transferred deferrable data until the MS determines that airinterface 128 is no longer congested. In such an embodiment, afterterminating the first data connection, MS 102 monitors (712) airinterface 128 to determine (714) if the air interface continues to becongested. In one embodiment, MS 102 may monitor for congestion bymonitoring an air interface signaling channel 132 for overhead messages140 that inform whether deferrable data is blocked, as described abovein greater detail. Based on each received overhead message, MS 102determines whether deferrable data continues to be blocked. In anothersuch embodiment, MS 102 may monitor for congestion by determining signalquality metrics for signals received by the MS over air interface 128,as described above in greater detail. MS 102 then compares eachdetermined signal quality metric to a corresponding signal qualitythreshold. So long as the determined signal quality metric comparesunfavorably with the corresponding threshold, MS 102 may continue toassume that air interface 128 is congested and that transfers ofdeferrable data are blocked.

[0068] When MS 102 determines that air interface 128 is no longercongested, the MS establishes (716) a second data connection over airinterface 128. Preferably, the second data connection is of a samepriority, and associated with a same billing rate, as the first dataconnection. Upon establishing the second data connection, MS 102,preferably processor 106 with reference to the state saved in memorydevice 108, then transfers (718) any remaining, not yet transferreddeferrable data to or from RAN 112 over the second data connection. Thelogic flow then ends (720).

[0069] In another embodiment of the present invention, after terminatingthe first data connection, instead of deferring a transfer of anyremaining, not yet transferred deferrable data, MS 102 may transfer theremaining deferrable data as higher priority, more expensive data. Insuch an embodiment, after terminating the first data connection, MS 102establishes (722) a second data connection over air interface 128 thatis associated with data of a second, higher priority. In one suchembodiment, MS 102 may inform RAN 112 of the priority associated withthe second data connection via a request to initiate a data call, suchas a call origination message in which the MS embeds an SO valueassociated with a higher priority data call, such as a ‘normal’ datacall, or during service negotiations to set up the call. In anotherembodiment of the present invention, MS 102 informs RAN 112 of thepriority associated with the data connection by conveying, to the RAN,messages that include a second set of QoS parameters, that is, theparameters corresponding to a higher priority data call, as opposed tothe QoS parameters corresponding to a deferrable data call.

[0070] Upon establishing the second, higher priority data connection, MS102, preferably processor 106 with reference to the state saved inmemory device 108, then transfers (724) any remaining, not yettransferred deferrable data to or from RAN 112 over the second dataconnection. When the remaining deferrable data is transferred over thehigher priority data connection, communication system 100 charges (726)a customer associated with the MS for the transfer of such data at ahigher priority data billing rate, as is described above in greaterdetail. The logic flow then ends (720).

[0071] By providing for an early termination of a deferrable data callupon a determination, subsequent to an initiation of the call, that airinterface 128 is congested, communication system 100 is further able toshift lower priority, deferrable data from high load or peak loadperiods, when bandwidth utilization is high, to off load periods whenbandwidth utilization is low. By blocking, or encouraging system usersto defer, a transfer of ‘deferrable’ data during high load or peak loadperiods, peak loads may be reduced and off peak bandwidth utilizationmay be improved. Communication system 100 encourages system users todefer a transfer of ‘deferrable’ data during high load or peak loadperiods by providing incentives for system users not to transferdeferrable, lower priority data as higher priority data during suchperiods, and further provides incentives for users not to transfer highpriority data as less expensive, lower priority data during periods whenthe system is not congested.

[0072] An MS, such as MS 102, may determine whether the MS is permittedto transfer lower priority, deferrable data based on a system overheadmessage 140 received by the MS or based on a self-determination by theMS of system congestion. The MS may also attempt to set up a lowpriority call and then be blocked by infrastructure 110 from setting upthe call during a period of congestion. When the MS is blocked fromtransferring deferrable data, the MS may defer a transfer of the data ormay transfer the data as higher priority data. The MS may indicate thelatter via an SO value or one or more QoS parameters conveyed toinfrastructure 110 when setting up the call. Based on the received SOvalue or one or more QoS parameters, infrastructure 110 is then able todetermine an appropriate billing rate for the call. Infrastructure 110may also determine an appropriate billing rate based on a time period,such as a time during an hour, during which data is transferred withouta need to use an SO value or a QoS parameter.

[0073] While the present invention has been particularly shown anddescribed with reference to particular embodiments thereof, it will beunderstood by those skilled in the art that various changes may be madeand equivalents substituted for elements thereof without departing fromthe scope of the invention as set forth in the claims below.Accordingly, the specification and figures are to be regarded in anillustrative rather then a restrictive sense, and all such changes andsubstitutions are intended to be included within the scope of thepresent invention.

[0074] Benefits, other advantages, and solutions to problems have beendescribed above with regard to specific embodiments. However, thebenefits, advantages, solutions to problems, and any element(s) that maycause any benefit, advantage, or solution to occur or become morepronounced are not to be construed as a critical, required, or essentialfeature or element of any or all the claims. As used herein, the terms“comprises,” “comprising,” or any variation thereof, are intended tocover a non-exclusive inclusion, such that a process, method, article,or apparatus that comprises a list of elements does not include onlythose elements but may include other elements not expressly listed orinherent to such process, method, article, or apparatus. It is furtherunderstood that the use of relational terms, if any, such as first andsecond, top and bottom, and the like are used solely to distinguish oneentity or action from another entity or action without necessarilyrequiring or implying any actual such relationship or order between suchentities or actions.

What is claimed is:
 1. A method for transferring deferrable data in awireless communication system comprising: receiving an instruction totransfer deferrable data; determining whether an air interface iscongested; and when the air interface is congested, deferring a transferof the deferrable data.
 2. The method of claim 1, further comprising:subsequent to deferring the transfer of the deferrable data, determiningthat the air interface is not congested; and in response to determiningthat the air interface is not congested, transferring the deferrabledata.
 3. The method of claim 2, wherein transferring comprises: inresponse to determining that the air interface is not congested,determining a deferral time period during which a transfer of deferrabledata is further deferred; and upon expiration of the deferrable timeperiod, transferring the deferrable data.
 4. The method of claim 3,wherein a length of the deferral time period is inversely proportionalto a quantity of time that a transfer of the deferrable data is deferredwhile the air interface is congested.
 5. The method of claim 3, whereina length of the deferral time period is determined based on asubscription package subscribed to by a customer associated with thedeferrable data.
 6. The method of claim 2, wherein transferringcomprises establishing a data connection and transferring the deferrabledata over the data connection and wherein the method further comprises:upon completion of the transfer of the deferrable data, starting aninactivity timer; and upon expiration of an inactivity time period,terminating the data connection.
 7. The method of claim 1, wherein thedeferrable data is associated with a deferrable data service and acorresponding Service Option value.
 8. The method of claim 1, whereinthe deferrable data is associated with a plurality of Quality of Service(QoS) parameters.
 9. The method of claim 1, wherein determiningcomprises receiving a signaling message having an Access Control basedon Call Type (ACCT) value that informs whether transfer of deferrabledata is permitted and wherein deferring comprises determining, based onthe received signaling message, not to transfer the deferrable data. 10.The method of claim 1, wherein determining comprises determining thatthe air interface is congested based on a signal quality metric.
 11. Themethod of claim 10, wherein the signal quality metric comprises a firstsignal quality metric, wherein the first signal quality metric isdetermined based on a first signal received from a wirelessinfrastructure, and wherein the method further comprises: when the airinterface is congested, monitoring for signals from the wirelessinfrastructure; receiving a second signal from the wirelessinfrastructure; determining a second signal quality metric based on asecond signal received from the wireless infrastructure; andtransferring the deferrable data in response to the determination of thesecond signal quality metric.
 12. The method of claim 1, whereindetermining comprises receiving a signaling message informing whetherdeferrable data can be transferred.
 13. The method of claim 12, whereinthe signaling message comprises a first signaling message, wherein thefirst signaling message is received over a signaling channel, andwherein the method further comprises: when the air interface iscongested, monitoring the signaling channel; receiving a secondsignaling message over the signaling channel; and when the secondsignaling message informs that deferrable data can be transferred,transferring the deferrable data.
 14. The method of claim 12, whereinthe signaling message comprises a first signaling message and whereindeferring comprises: suspending reception of messages from aninfrastructure; resuming reception of messages from the infrastructurein order to receive a second signaling message; and when the secondsignaling message indicates that deferrable data can be transferred,transferring the deferrable data.
 15. The method of claim 14, whereineach of the first signaling message and the second signaling messagecomprises an overhead message.
 16. The method of claim 1, whereindeferring comprises, when the air interface is congested, allowing atransfer of only a portion of the deferrable data.
 17. The method ofclaim 16, wherein the portion of the deferrable data transferred whenthe air interface is congested is determined based on a subscriptionpackage of a plurality of subscription packages subscribed to by acustomer associated with the deferrable data.
 18. The method of claim17, wherein each subscription package of the plurality of subscriptionpackages is associated with a different price than the othersubscription packages of the plurality of subscription packages.
 19. Amethod for transferring deferrable data in a wireless communicationsystem, the method comprising: receiving an instruction to transferdeferrable data, wherein the deferrable data is data of a firstpriority; determining that an air interface is congested; and inresponse to determining that the air interface is congested,transferring the deferrable data as data of a second priority.
 20. Themethod of claim 19, wherein the deferrable data is associated with afirst Service Option value and wherein transferring comprisestransferring the deferrable data as in association with a second ServiceOption value.
 21. The method of claim 19, further comprising: setting upa call associated with data of the second priority; and charging acustomer associated with the deferrable data at a billing rateassociated with data of the second priority.
 22. The method of claim 21,wherein setting up a call comprises establishing a data connection andwherein the method further comprises: upon completion of the transfer ofthe deferrable data, starting an inactivity timer; and upon expirationof an inactivity time period, terminating the data connection.
 23. Themethod of claim 19, wherein data of the first priority is associatedwith a first at least one Quality of Service (QoS) parameter, whereindata of the second priority is associated with a second at least one QoSparameter, and wherein transferring the deferrable data comprisestransferring the deferrable data in association with the second at leastone QoS parameter.
 24. The method of claim 23, wherein the first atleast one QoS parameter is associated with a first billing rate and thesecond at least one QoS parameter is associated with a second billingrate and wherein the method further comprises, when the deferrable datais transferred in association with at least one QoS parameter, charginga customer associated with the deferrable data based on the secondbilling rate.
 25. A method for transferring deferrable data in awireless communication system comprising: engaging in a call involving amobile station and a transfer of deferrable data via a first dataconnection over an air interface; determining that the air interface iscongested; in response to determining that the air interface iscongested, terminating the call; saving a state of a partially completeddeferred data transfer in the mobile station; subsequent to terminatingthe call, establishing a second data connection over the air interface;and transferring any remaining, not yet transferred deferrable data overthe second data connection.
 26. The method of claim 25, whereinestablishing a second data connection comprises: subsequent toterminating the call, determining that the air interface is notcongested; and in response to determining that the air interface is notcongested, establishing a second data connection over the air interface.27. The method of claim 25, wherein the deferrable data is data of afirst priority and wherein establishing a second data connectioncomprises establishing a second data connection that is associated withdata of a second priority, wherein the second priority is a higherpriority than the first priority.
 28. The method of claim 27, whereinthe data of the first priority is associated with a first Service Optionvalue and data of the second priority data is associated with a secondService Option value.
 29. The method of claim 27, wherein the first dataconnection is associated with a first at least one Quality of Service(QoS) parameters and the second data connection is associated with asecond at least one QoS parameter.
 30. The method of claim 27, furthercomprising charging a customer associated with the mobile station forthe transfer of data over the second data connection at a billing rateassociated with the higher priority data.
 31. A mobile station capableof transferring deferrable data in a wireless communication systemcomprising: at least one memory device capable of storing deferrabledata; a processor associated with the at least one memory device thatreceives an instruction to transfer deferrable data, determines whetheran air interface is congested, defers a transfer of the deferrable datawhen the air interface is congested, and transfers the deferrable datawhen the air interface is not congested.
 32. The mobile station of claim31, wherein the processor, subsequent to determining that the airinterface is congested and deferring transfer of the deferrable data,determines that the air interface is not congested and transfers thedeferrable data.
 33. The mobile station of claim 32, wherein theprocessor, in response to determining that the air interface is notcongested, determines a deferral time period during which a transfer ofdeferrable data is further deferred and, upon expiration of thedeferrable time period, transfers the deferrable data.
 34. The mobilestation of claim 33, wherein a length of the deferral time period isinversely proportional to a quantity of time that a transfer of thedeferrable data is deferred while the air interface is congested. 35.The method mobile station of claim 33, wherein a length of the deferraltime period is determined based on a subscription package subscribed toby a customer associated with the deferrable data.
 36. The mobilestation of claim 31, wherein the processor transfers the deferrable databy establishing a data connection with an infrastructure andtransferring the deferrable data over the established data connection,wherein the mobile station further includes an inactivity timerassociated with the processor, and wherein the processor further startsthe inactivity timer upon completing the transfer of the deferrable dataand, upon expiration of an inactivity time period, terminates the dataconnection.
 37. The mobile station of claim 31, wherein the deferrabledata is associated with a deferrable data service and a corresponding aService Option value, wherein the Service Option value is maintained inthe at least one memory device, and wherein the processor determineswhether an air interface is congested based on information receiveddenying permission to transfer data associated with the Service Optionvalue.
 38. The mobile station of claim 31, wherein the at least onememory device stores a plurality of Quality of Service (QoS) parameters,wherein the deferrable data is associated with at least one QoSparameter of the plurality of QoS parameters, and wherein the processortransfers the deferrable data in association with the at least one QoSparameter.
 39. The mobile station of claim 31, wherein the processordetermines whether deferrable data may be transferred based on asignaling message having an Access Control based on Call Type (ACCT)value that informs whether transfer of deferrable data is permitted, andwherein the processor determines, based on the signaling message,whether to transfer the deferrable data.
 40. The mobile station of claim31, wherein the processor determines whether an air interface iscongested by determining a signal quality metric and further determiningthat the interface is congested based on the signal quality metric. 41.The mobile station of claim 40, wherein the signal quality metriccomprises a first signal quality metric, wherein the first signalquality metric is determined based on a first signal received from aninfrastructure, and wherein processor, when the air interface iscongested, monitors signals received from the infrastructure, receives asecond signal from the infrastructure, determines a second signalquality metric based on a second signal received from theinfrastructure, and transfers the deferrable data in response to thedetermination of the second signal quality metric.
 42. The mobilestation of claim 31, wherein the processor determines whether an airinterface is congested based on a signaling message informing whetherdeferrable data can be transferred.
 43. The mobile station of claim 42,wherein the signaling message comprises a first signaling message,wherein the first signaling message is received over a signalingchannel, and wherein the processor, when the air interface is congested,monitors the signaling channel, receives a second signaling message overthe signaling channel, and when the second signaling message informsthat deferrable data can be transferred, transfers the deferrable data.44. The mobile station of claim 42, wherein the signaling messagecomprises a first signaling message and wherein the processor, upondetermining that the first signaling message denies permission totransfer deferrable data, suspends reception of signaling messages,resumes receiving signaling messages in order to receive a secondsignaling message, and when the second signaling message indicates thatdeferrable data can be transferred, transfers the deferrable data. 45.The mobile station of claim 44, wherein each of the first signalingmessage and the second signaling message comprises an overhead message.46. A mobile station capable of transferring deferrable data in awireless communication system comprising: at least one memory devicethat stores deferrable data; a processor associated with the at leastone memory device that receives an instruction to transfer deferrabledata, wherein the deferrable data is data of a first priority,determines that an air interface is congested, and, in response todetermining that the air interface is congested, transfers thedeferrable data as data of a second priority.
 47. The mobile station ofclaim 46, wherein the data of the first priority is associated with afirst Service Option value, the data of the second priority isassociated with a second Service Option value, and the processortransfers the deferrable data as data associated with the second ServiceOption value.
 48. The mobile station of claim 46, wherein the processorfurther establishes a data connection associated with data of the secondpriority, transfers the deferrable data over the data connection, uponcompletion of the transfer of the deferrable data, starts an inactivitytimer, and, upon expiration of an inactivity time period, terminates thedata connection.
 49. The mobile station of claim 46, wherein the atleast one memory device stores a plurality of Quality of Service (QoS)parameters, wherein data of the first priority is associated with afirst of at least one QoS parameter of the plurality of QoS parameters,wherein data of the second priority is associated with a second of atleast one QoS parameter of the plurality of QoS parameters, and whereinthe processor transfers the deferrable data in association with thesecond at least one QoS parameter.
 50. A mobile station capable oftransferring deferrable data in a wireless communication systemcomprising: at least one memory device capable of storing deferrabledata; and a processor associated with the at least one memory device,wherein the processor is capable of establishing a first data connectionover an air interface, engaging in a call involving a transfer of thedeferrable data via the first data connection, determining that the airinterface is congested, in response to determining that the airinterface is congested, terminating the call, storing a state of apartially completed transfer in the mobile station in the at least onememory device, subsequent to terminating the call, establishing a seconddata connection over the air interface, and transferring any remaining,not yet transferred deferrable data over the second data connection. 51.The mobile station of claim 50, wherein the processor establishes asecond data connection by, subsequent to terminating the call,determining that the air interface is not congested and, in response todetermining that the air interface is not congested, establishing asecond data connection over the air interface.
 52. The mobile station ofclaim 50, wherein the deferrable data is a first priority data andwherein the processor establishes a second data connection byestablishing a second data connection that is associated with data of asecond priority data, wherein the second priority is a higher prioritythan the first priority.
 53. The mobile station of claim 52, wherein theat least one memory device stores a plurality of Service Option values,wherein data of the first priority is associated with a first ServiceOption value of the plurality of Service Option values, and wherein dataof the second priority is associated with a second Service Option valueof the plurality of Service Option values.
 54. The mobile station ofclaim 52, wherein the at least one memory device stores a plurality ofQuality of Service (QoS) parameters, wherein the first data connectionis associated with a first at least one QoS parameter of the pluralityof QoS parameters, and wherein the second data connection is associatedwith a second at least one QoS parameter of the plurality of QoSparameters.
 55. An apparatus for transferring deferrable data in awireless communication system, the apparatus comprising a controller ina radio access network having: at least one memory device that storesinstructions on assembling an overhead message having a deferrable datapermission data field; and a processor associated with the at least onememory device that assembles the overhead message, embeds data in thedeferrable data permission data field that informs whether transfer ofdeferrable data is permitted, and conveys the overhead message to amobile station.
 56. The apparatus of claim 55, further comprising asupport node in communication with the controller, wherein thedeferrable data is data of a first priority, wherein the controllerestablishes a data connection that is associated with data of a secondpriority and that is used to transfer the deferrable data, wherein thecontroller conveys information to the support node indicating that thedata transferred over the data connection is data of the secondpriority.
 57. The apparatus of claim 56, wherein the support nodeprovides billing information indicating that the data transferred overthe data connection is associated with a billing rate corresponding todata of the second priority.
 58. A method for transferring data in awireless communication system, wherein the data comprises a higherpriority data and a lower priority data and wherein the methodcomprises: restricting a transfer of the lower priority data to aplurality of designated time periods; and allowing a transfer of thehigher priority data during the designated time periods and other timeperiods.
 59. The method of claim 58, further comprising maintaining arecord of the plurality of designated time periods.
 60. The method ofclaim 58, wherein restricting comprises rejecting requests to transferthe lower priority data during time periods other than the plurality ofdesignated time periods.
 61. The method of claim 58, further comprising,upon determining, during a time period other than a designated timeperiod, to transfer lower priority data, deferring a transfer of thelower priority data until a next designated time period of the pluralityof designated time periods.
 62. The method of claim 58, wherein thelower priority data is associated with a first billing rate and thehigher priority data is associated with a second billing rate andwherein restricting comprises charging a customer associated with thelower priority data at the second billing rate when the lower prioritydata is transferred during a time period other than a designated timeperiod.
 63. The method of claim 58, wherein the lower priority data isassociated with a first billing rate and the higher priority data isassociated with a second billing rate and wherein restricting comprises:charging a customer the first billing rate for a data transfer when datais transferred during a designated time period of the plurality ofdesignated time periods; and charging a customer the second billing ratefor a data transfer when data is transferred during a time period otherthan a designated time period of the plurality of designated timeperiods.